Michael T. Farley, Esq.

Attorney Mike Farley is a Rhode Island Family Court lawyer who helps people resolve domestic and family issues including divorce, child custody, child support, and other Family Court matters. 

 

Some of the most common issues are listed below:

 

• Nominal divorce (non-contested)

• Contested divorce

• child custody

• child support modification, enforcement, and termination

• alimony and spousal support

• property settlement agreements

• equitable division of assets

• divorce and family law mediation

• visitation and visitation disputes

• domestic violence

• restraining orders/domestic violence/no contact orders

• prenuptial agreements

 

 

Frequently Asked Questions

(Family Law FAQs)

 

What are the grounds for divorce in Rhode Island?

A divorce in Rhode Island, in the majority of cases, is granted on the grounds of irreconcilable differences which have caused the irremediable breakdown of the marriage. Certainly there are other more specific grounds for divorce such as adultery or abandonment, but these are often fact-specific, and don't necessarily help in resolving the matter.  The bottom line is that if you are searching for divorce attorneys on the internet, you probably have grounds for a divorce in Rhode Island.

 

What is the residency requirement for seking a divorce in Rhode Island?

You or your spouse must have resided in Rhode Island for at least one year.

 

What should I bring to my lawyer? 

A copy of your marriage certificate is important.  It is also helpful to bring a copy of your most recent tax return.  It also helps to bring a couple of months worth of bank statements to get a handle on family expenses, which must be reported to the court.  A copy of any pay stubs will also help facilitate the completion of financial paperwork (DR-6).  In addition, you should know the address, both residence and work of your spouse, together with all family members’ place and date of birth.

 

For your own sake, you should try to keep a written list of questions you have for your lawyer. Divorce can be emotionally draining.  Maintaining this type of list will help you stay focused and can give you the confidence you need to go on about the rest of your life.   

 

What kinds of issues should I discuss with my attorney?

The separation of a married couple is one of the most traumatic occurrences in one’s life. An attorney will address both family and emotional issues, including consideration of marriage counseling or other steps to help save the marriage; assisting you as a parent in meeting the needs of your children; and handling financial matters such as real estate and personal property. You should also be sure to discuss, and fully understand, the attorney’s fee arrangement at the first meeting.

 

DO I NEED A RESTRAINING ORDER?

Restraining orders are designed to prevent abuse of a spouse, but can also be applied to prevent the removal of marital assets. Discuss this issue with your attorney if you feel it is necessary.

 

HOW IS CHILD SUPPORT DETERMINED?

The Family Court of Rhode Island has adopted a child support formula and guideline which is based on the income of both parents. Using the child support worksheet, an attorney can estimate an amount of support which will be ordered by the court.

 

HOW ARE MARITAL ASSETS AND DEBTS DIVIDED?

In most cases, assets and debts are divided equally between spouses, but depending upon the specific facts of the case, one party might get a slightly larger share to account for the facts of the case.  It is important that you retain counsel  

 

Is alimony always awarded?

No.  In many cases, alimony is waived.  But in marriages where one party's contribution to the marriage was not as a member of the workforce, the court is authorized to award alimony.  Alimony can be both short term and long term. Once alimony is waived and judgment is entered, it can never be claimed.

 

What is the difference between custody and placement?

Courts often establish joint custody of minor children, with one party having "placement." 

The best interests of the child is the main consideration in awarding custody.

Your attorney will discuss with you the potential consequences of a contested child custody matter. If at all possible, visitation should continue between the parties even if they are separated, pending the hearing in the Family Court. The Family Court can set specific times that the non-custodial parent will have visitation. A custodial parent’s failure to comply with a visitation schedule may result in a change in custody.

 

Can I ask the court to change or modify existing orders for support, or custody or visitation?

Even after your divorce has been finalized, the Family Court has the authority to change existing child support, visitation and custody arrangements.

 

When will my divorce be final?

After filing a divorce complaint and the serving of a summons, the matter may be scheduled for hearing as an uncontested divorce after sixty (60) days. The divorce is not final until a final judgment has been signed by a Family Court Judge. It will not be signed until three months (3) and one day (1) have passed following your divorce hearing. Contested divorces take substantially longer to be heard and decided depending upon the matters to be resolved.